Delhi District Court
State vs Istikhar on 22 December, 2025
IN THE COURT OF MS. CHARU AGGARWAL: ADDITIONAL
SESSIONS JUDGE-02: SHAHDARA DISTRICT:
KARKARDOOMA COURTS, DELHI.
SC No. 09/2022
FIR No. 287/2020
PS Vivek Vihar
under Section 394/397/411/174-A/34 IPC
State Versus 1. Istikhar @ Sonu @ Rohit
s/o Rahman
R/o. Ashok Vihar, Loni Colony,
Ghaziabad, UP.
2. Juned Sabbu
s/o Ishrar Ahmed
r/o F 236, Gali no.26, Old
Mustafabad, Delhi.
3. Aamir @ Bhura
s/o Mohd. Sanwar
r/o A51, Gali no.3, Gurunanak
Pura, Mustafabad, Delhi.
4. Mohd. Shakir
s/o Mohd. Sanwar
r/o A51, Gali no.3, Gurunanak
Pura, Mustafabad, Delhi.
5. Firoz @ Chhotu
s/o Shaheed
r/o H. No. 1856,
Gali No. 18, New
Mustafabad, Delhi.
6. Parvez
s/o Firoz
r/o P.S. Pratappur,
District Meerut,
village Solana, UP.
Digitally signed by
CHARU CHARU AGGARWAL
AGGARWAL Date: 2025.12.22
17:03:44 +0530
FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.1/10
Date of Committal to Sessions Court : 07.01.2022
Date on which Judgment reserved : 20.12.2025
Date of pronouncement of judgment : 22.12.2025
JUDGMENT
1. The six accused have faced the trial for the offence as mentioned below:
Accused Istikhar and Mohd. Juned @ Sabbu @ Shahnawaz- under Section 394/397/411/34 IPC.
Accused Amir @ Bhura and Mohd. Shakir- under Section 411 IPC.
Accused Firoz- under Section 394/174A IPC. Accused Parvez- under Section 174A IPC.
2. The case of prosecution is that on 22.10.2020 at about 10.30 pm, on receipt of DD No. 120-A regarding robbery at Kasturba Nagar underpass, ASI Bharat Singh alongwith Ct. Bhupender reached at the spot where they met complainant Naresh Kumar who informed them that four boys have robbed him after causing him injury with pistol. The injured was shifted at Hedgewar hospital where he was examined vide MLC No. 2834/2020, nature of injury was kept under observation and kind of weapon was informed to be blunt. Complainant was declared 'fit for statement'. Thereafter, ASI Bharat Singh / IO recorded statement of complainant to the effect that he lives in Shahdara, Delhi and is a property dealer having office at Shivakhand, Vishwakarma Nagar, Delhi. On 22.10.2020, at about 9.30 pm, he was going to his house from his office on a motorcycle; while he reached at the underpass of Kasturba Nagar, he took a service lane from Digitally signed by CHARU CHARU AGGARWAL AGGARWAL Date:
+0530 2025.12.22 17:03:54 FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.2/10 wrong side, where two persons were already standing on a motorcycle who stopped him and immediately took out their respective pistols. One person put the pistol on his neck and other on his back; in the meantime, one other person also reached at the spot on a motorcycle who tried to snatch his 09 gold wearing chains, weighing 550 gram, but despite efforts, the same could not be broken by him, therefore, he telephonically called the 4th person at the spot with cutter.
The said 4th person also reached at the spot on a motorcycle with cutter. All those four persons cut the 09 gold chains of the complainant with the said cutter and snatched it. Thereafter, all those persons fled away from the spot on their respective motorcycles towards Mansarovar Park. On these allegations, FIR under Section 394/397/34 IPC was registered.
3. During investigation, the CCTV footage of the nearby areas were checked but no clue was found. On 30.10.2020, SI Sachin Dahiya, Special Cell, P.S. Lodhi Colony, gave an information vide DD No. 98A that accused Istikhar has been arrested in FIR No. 272/2020 under Section 186/353/307/34 IPC and 25/27 Arms Act who had disclosed his involvement in the instant FIR. Accused Istikhar disclosed that on 22.10.2020 at about 10.00 pm, he alongwith other co- accused persons namely Parvez, Firoz and Juned robbed the complainant at underpass of Kasturba Nagar. During TIP of accused Istikhar, he was correctly identified by complainant. During PC remand, he got recovered pieces of robbed gold Digitally signed by CHARU CHARU AGGARWAL chain and also got arrested co-accused Amir to whom he AGGARWAL Date:
2025.12.22 17:04:20 +0530 disclosed that he gave a piece of robbed chain. At the FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.3/10 instance of co-accused Amir, a piece of gold chain was recovered from his house. Accordingly, he was also arrested in this case.
On 07.11.2020 SI Sachin Dahiya, Special Cell, P.S. Lodhi Colony, gave an information vide DD No. 107A regarding arrest of accused Juned @ Sabbuin FIR No. 272/2020 under Section 186/353/307/34 IPC and 25/27 Arms Act who also disclosed his involvement in the instant FIR. Accused Juned @ Sabbu disclosed that on 22.10.2020 at about 10.00 pm, he alongwith other co-accused persons namely Parvez, Firoz and Istikhar robbed the complainant at underpass of Kasturba Nagar. During TIP of accused Juned, he was also correctly identified by complainant. He also got recovered piece of chain from his house and informed that remaining pieces of gold chain have been sold by him to co- accused Mohd. Shakir. At his instance, accused Mohd. Shakir was also arrested who also got recovered pieces of gold chain from his house.
During investigation, co-accused Firoz and Parvez could not be arrested, therefore, they were declared Proclaimed Offenders vide order dated 31.03.2021 passed by Ld. Metropolitan Magistrate concerned.
4. After completion of investigation, charge-sheet was filed before the concerned Metropolitan Magistrate against accused Istikhar, Juned, Amir and Shakir, who after compliance of Section 207 Cr. PC, committed the case to Sessions Court as the offence under Section 397 IPC is Sessions Triable. Pursuant to the order of Ld. Ld. Principal Digitally signed by CHARU CHARU AGGARWAL AGGARWAL Date: 2025.12.22 17:04:29 +0530 FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.4/10 District & Sessions Judge (SHD), KKD Courts, the present case was assigned to this Court for its trial.
On 10.08.2021, accused Firoz was arrested and supplementary chargesheet was filed against him on 06.10.2021. Thereafter, on 23.05.2022, accused Parvez was arrested and supplementary charge-sheet was filed against him on 09.08.2023.
Charge framed against the accused
5. Upon committal, after hearing both the sides on the point of charge, vide order dated 18.03.2024, Ld. Predecessor of this court framed the charge under Section 394/34 IPC against the accused Istikhar, Firoz and Juned.
The charge under Section 397/34 IPC was framed only against accused Istikhar and Juned.
The charge under Section 411 IPC was framed against accused Istikhar, Juned Amir and Shakir.
Charge under Section 174A IPC was framed against accused Firoz and Parvez (the charge against accused Parvez was framed on 15.04.2024).
All the accused persons pleaded not guilty to the charges and claimed trial.
Witnesses examined
6. To substantiate the charges, the prosecution has cited 10 witnesses, out of whom 04 have been examined so far.
7. The entire case of the prosecution is revolving around complainant Sh. Naresh Kumar (PW2) as he is the victim of the alleged incident. All other witnesses cited by the prosecution are formal who were part of the investigation.
Digitally signed by CHARU CHARU AGGARWAL
AGGARWAL Date: 2025.12.22
17:04:38 +0530
FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.5/10
8. Perusal of testimony of PW2 Naresh Kumar shows that he has supported the case of the prosecution on the incident as he has categorically deposed in his testimony that on 22.10.2020 at about 9.30 pm, he was robbed at underpass of Vivek Vihar. However, he has not identified the accused persons as robbers. In a criminal case, the identity of the accused persons facing trial plays vital role, if the prosecution fails to establish the identity of accused persons as offenders and no other connecting evidence is brought on record against them, the accused persons deserves benefit of doubt. In the case in hand, as already observed that PW2/victim has not identified either of the accused in the court. He was thoroughly cross examined by Ld. Addl. PP on the identification of accused persons as assailants, his attention was also drawn to the accused persons, but he could not identify them as robbers who robbed his chains. Complainant has denied the suggestion that he has been won over by the accused persons. Ld. Additional PP has argued that accused Istikhar and Juned were correctly identified by PW2 Naresh Kumar during TIP proceedings. However, this arguments has no legs to stand since it is settled law that TIP is not a substantive piece of evidence but it is only a corroborative evidence and it is conducted by the IO only to ensure that investigation is moving in the right direction. Accused cannot be convicted solely on the basis of TIP unless corroborative evidence is on record. Nothing incriminating in the form of corroborative evidence has CHARU come on record against the accused persons. PW2/victim has AGGARWAL not supported the case of the prosecution on the Digitally signed by CHARU AGGARWAL Date: 2025.12.22 17:04:47 +0530 FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.6/10 identification of the accused persons. All other witnesses cited by the prosecution are formal and part of investigation, hence, no purpose shall be served by examining them. As a result, prosecution evidence has been closed today and statement of accused under Section 313 Cr. PC is dispensed with. No evidence is on record to connect the accused persons with the alleged offences under Section 394/397 IPC. Accordingly, accused Istikhar, Mohd. Juned @ Sabbu @ Shahnawaz and Firoz are hereby acquitted for the said offence i.e. under Section 394/397/34 IPC. They are directed to furnish bond under Section 437-A Cr. PC (New Section: 481 BNSS) for a period of six months in the sum of Rs.20,000/- each with one surety each in the like amount.
9. Accused Istikhar @ Sonu @ Rohit, Mohd. Juned @ Sabbu, Mohd. Amir @ Bhura and Mohd. Shakir are charged for the offence under Section 411 IPC. The matter has been settled between PW2/victim and these accused persons for this offence, hence, the offence under Section 411 IPC stood compounded vide order dated 26.05.2025 passed by Ld. Predecessor of this court.
10. As regards the charge u/s 174A IPC, accused Firoz and Parvez have filed their respective applications for pleading guilty u/s 174A IPC accompanied with their sworn affidavit. Seperate statements of accused persons have been recorded that they have moved the applications of pleading guilty voluntarily without any pressure or compulsion and they understand the consequences of pleading guilty. The CHARU AGGARWAL court is satisfied that accused persons are voluntarily and Digitally signed by without any force, coercion or undue influence, are pleading CHARU AGGARWAL Date: 2025.12.22 FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.7/10 17:04:55 +0530 guilty fo the offence under Section 174A IPC. In the totality of facts and circumstances, accused Firoz and Parvez are convicted for the offence under Section 174A IPC.
11. On the sentence, it was argued that these accused be released on period already undergone by them. Accused Firoz has remained in JC for 6 months 4 days and accused Parvez was in JC for 25 days. Their respective counsels submit that these accused have reformed and they will not commit any such crime in future and their families would suffer dearly, if they are not released on period already undergone and it was prayed that lenient view may be taken as these accused had not deliberately absconded and they were not aware of the proceedings in the present case. It is also submitted on behalf of these accused that they belong to poor strata of society and may be released on period already undergone by them. The financial condition of the accused persons is not sound and they have liability of their families. They are not previous convicts and if they are given the maximum punishment, they will find it difficult to start life again. It is submitted that they do not have any other source of income or movable or immovable property. There are good chances of the rehabilitation and reformation of the accused. Leniency in sentencing has been prayed for on behalf of the accused persons and it is prayed that minimum punishment prescribed should be granted and they be be released on imposition of fine. Ld. Counsel for accused persons have relied upon the judgment of Daljit Singh Vs. State of Haryana, 2025 INSC 21. Digitally signed by CHARU CHARU AGGARWAL AGGARWAL Date: 2025.12.22 17:05:04 +0530 FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.8/10
12. Ld. APP has submitted that accused Firoz and Parvez had deliberately absconded and derailed the trial and they were declared PO vide order dated 31.03.2021, therefore, he submits that the maximum punishment be awarded to them.
13. I have considered the rival contentions of Ld. Addl.
PP and Ld. Counsels.
14. In Daljeet (Supra), the Hon'ble Supreme Court has held that-
"11. The appellant has been acquitted which means that there is no case for which his presence is required to be secured. Resultantly, the appeal is allowed. In the attending facts and circumstances of the case, i.e. that the original offence pertains to the year 2010; the money subject matter of dispute stands paid, the judgment of the High Court with the particulars as mentioned in paragraph 1 of this judgment, stands quashed and set aside. All criminal proceedings, inclusive of the FIR under section 174A IPC, shall stand closed. The appellant's status, as a 'proclaimed person' stands quashed."
15. Apart from charge under Section 174A IPC, accused Firoz was also charged for the offence under Section 394 IPC which the prosecution could not prove against him. As per record, accused Firoz has remained in JC for 6 months 4 days and Parvez remained in JC for 25 days. As per the previous involvement of both accused persons received from the concerned police station, accused Parvez is not found to be involved in any other case and accused Firoz is involved in one case bearing FIR No. 156/2021 P.S. Crime Branch CHARU AGGARWAL under Section 25 Arms Act.
16. Thus, considering all the facts and circumstances and Digitally by CHARU signed AGGARWAL ratio of judgment of Daljeet (Supra), wherein Hon'ble Date: 2025.12.22 17:05:12 +0530 Supreme Court quashed the FIR u/s 174A IPC as accused FIR No. 287/2020 State Vs. Istikhar and ors. P.S. Vivek Vihar Page No.9/10 was acquitted in original offence, the Court is of the opinion that the accused should not be convicted for the maximum sentence provided for the offence u/s 174A IPC and they have already been acquitted in the main offence and no purpose would be served by sentencing them for the maximum period. Considering the mitigating and aggravating circumstances, both accused Firoz and Parvez are sentenced to the period already undergone by them and fine of Rs. 3,000/- each, in default of payment of fine, to undergo SI for one month. Benefit of Section 428 Cr.P.C. shall be granted to the accused persons. Both the convicts have paid fine of Rs. 3,000/-.
File be consigned to Record Room after necessary compliance. by CHARU Digitally signed CHARU AGGARWAL AGGARWAL Date: 2025.12.22 17:05:22 +0530 Announced in the open (Charu Aggarwal) Court on 22.12.2025 ASJ-02/E-COURT Shahdara/KKD/Delhi.
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